The following words and terms, when used in this chapter, have
the following meanings, unless the context clearly indicates otherwise.
(1) ADR--Alternative dispute resolution.
(2) ADR Administrator--The trained coordinator in the
commission office designated by the commission to coordinate and oversee
the ADR procedures which may include conducting mediations. The ADR
Administrator shall serve as a resource for ADR training and shall
collect data concerning the effectiveness of the ADR procedures.
(3) Administrator--The Administrator of the Texas Real
Estate Commission.
(4) ALJ--Administrative law judge employed by the State
Office of Administrative Hearings.
(5) Alternative Dispute Resolution (ADR) Procedures--Alternatives
to judicial forums or administrative agency contested case proceedings
for the voluntary settlement of contested matters through the facilitation
of an impartial third-party.
(6) APA--The Administrative Procedure Act (Texas Government
Code, Chapter 2001).
(7) Applicant--Any person seeking a license, certificate,
registration, approval or permit from the commission.
(8) Commission--The Texas Real Estate Commission.
(9) Complainant--Any person who has filed a complaint
with the commission against any person whose activities are subject
to the jurisdiction of the commission.
(10) Contested case or proceeding--A proceeding in
which the legal rights, duties, or privileges of a party are to be
determined by the commission and/or administrator after an opportunity
for adjudicative hearing.
(11) Final decision maker--The commission and/or the
administrator, both of whom are authorized to render the final decision
in a contested case.
(12) Judge--Administrative law judge employed by the
State Office of Administrative Hearings.
(13) Mailing Address--The mailing address as provided
to the commission by a Licensee and maintained as required by 22 TAC
§535.96 and §535.217 of this title (relating to Mailing
Address or Other Contact Information) or as provided to the commission
by an Applicant or as shown in the commission's records for a Respondent
who is not a license holder. The mailing address for a Respondent
that holds an active salesperson license shall be the mailing address
of the salesperson's sponsoring broker as shown in the commission's
records.
(14) License--The whole or part of any commission registration,
license, certificate, approval, permit, or similar form of permission
required or permitted by law.
(15) Mediator--The commission employee or other state
employee who presides over ADR proceedings regardless of which ADR
method is utilized.
(16) Party--A person admitted to participate in a case
before the final decision maker.
(17) Person--Any individual, partnership, corporation,
or other legal entity, including a state agency or governmental subdivision.
(18) Pleading--A written document submitted by a party,
or a person seeking to participate in a case as a party, which requests
procedural or substantive relief, makes claims, alleges facts, makes
legal argument, or otherwise addresses matters involved in the case.
(19) Private Mediator--A person in the mediation profession
who is not a Texas State employee and who has met all the qualifications
prescribed by Texas law for mediators.
(20) Respondent--Any person, licensed or unlicensed,
who has been charged with violating a law establishing a regulatory
program administered by the commission or a rule or order issued by
the commission.
(21) Rule--Any commission statement of general applicability
that implements, interprets, or prescribes law or policy, or describes
the procedure or practice requirements of the commission and is filed
with the Texas Register.
(22) SOAH--State Office of Administrative Hearings.
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Source Note: The provisions of this §533.1 adopted to be effective December 30, 2007, 32 TexReg 9987; amended to be effective September 1, 2010, 35 TexReg 7797; amended to be effective May 31, 2011, 36 TexReg 3329 |